SEXUAL ASSAULT: PROBLEMS AND SOLUTIONS WITHIN THE LEGAL SYSTEM

Abstract

Sexual assault is prevalent and persistent throughout the United States. Despite how often sexual assaults occur, it remains difficult to prosecute attackers. It is well documented that current sexual assault laws vary throughout the United States. By examining sexual assault statistics and sexual assault laws, this thesis seeks to show how current laws on rape and sexual assault hamper prosecution. As national discourse on sexual assault arises, more organizations attempt to find solutions. The State of California has passed a bill that requires affirmative consent and the American Legal Institute is in the process of updating the Model Penal Code on sexual assault. This thesis examines the possible impact of these changes to sexual assault law. I will suggest, in addition to these changes, there needs to be federal guidelines for police departments to follow when investigating sexual assault claims and a standard, national definition of consent.